One of seven co-defendants settles in wrongful death suit

Published: Tuesday, April 8, 2014 at 6:21 p.m.

Last Modified: Tuesday, April 8, 2014 at 6:21 p.m.

One of seven co-defendants in a wrongful death suit has reached a settlement with the estate of a University of South Carolina Upstate student killed after a car crash.

Britney Ree Teague, 20, of Gray Court died from injuries suffered in a two-vehicle crash on Interstate 26 in Spartanburg County near the 24-mile marker.

Teague, a USC Upstate sophomore majoring in psychology, worked at the Boys & Girls Clubs of the Upstate and dreamed of pursuing an education and career working with children, according to a written statement from the university released shortly after her death.

According to the lawsuit, a Una teenager and a Woodruff teenager were racing at speeds greater than 90 mph in the eastbound lanes of I-26 around 6:30 p.m. March 17, 2011 when one teen overcorrected and crashed into Teague's vehicle. Both vehicles traveled through the cable barrier into the westbound lane.

Greenville attorney Eugene Covington Jr. represents Teague's estate.

The lawsuit, originally filed in August 2011, has been amended. The teenagers, one of the teen's parents, the S.C. Department of Transportation, Bagwell Fence Co. and Elderlee Inc. were named as defendants.

Elderlee settled for $20,000, according to a court document. Circuit Court Judge Brian Gibbons approved the settlement on Monday.

Covington told Gibbons at Monday's hearing that Elderlee made and installed the cable barrier. Covington said an expert found no defects in the cable.

Teague's estate had claimed in its lawsuit that Elderlee failed to “properly design, engineer and install cable barrier on the median to prevent vehicles…from traveling into opposite lanes of I-26,” of “improperly designing and installing the cable barrier systems on I-26,” and “improperly grading the median at the location that is the subject of this lawsuit.”

Elderlee is a Pennsylvania-based company that specializes in making and constructing “highway safety products,” according to its website.

The S.C. Department of Transportation and Bagwell Fence Co. are each accused of negligence that contributed to the fatal crash.

The parents of the teenaged girl who struck Teague's vehicle are named as defendants because they allowed their daughter to operate a vehicle when she only had a beginners' permit. The girl and her parents, in their answer to the lawsuit, denied she was racing before the crash.

The teenaged boy, in his answer, denied any wrongdoing.

In its answer, the SCDOT argued that the claim is barred by the state Tort Claims Act, and denied negligence on its part.

Bagwell, in its answer, denied any liability.

Covington said in court that the beneficiaries are Teague's surviving parents. They are seeking unspecified damages.

The plaintiff seeks a jury trial. Covington anticipates the case will be tried some time this year.

<p>One of seven co-defendants in a wrongful death suit has reached a settlement with the estate of a University of South Carolina Upstate student killed after a car crash.</p><p>Britney Ree Teague, 20, of Gray Court died from injuries suffered in a two-vehicle crash on Interstate 26 in Spartanburg County near the 24-mile marker.</p><p>Teague, a USC Upstate sophomore majoring in psychology, worked at the Boys & Girls Clubs of the Upstate and dreamed of pursuing an education and career working with children, according to a written statement from the university released shortly after her death.</p><p>According to the lawsuit, a Una teenager and a Woodruff teenager were racing at speeds greater than 90 mph in the eastbound lanes of I-26 around 6:30 p.m. March 17, 2011 when one teen overcorrected and crashed into Teague's vehicle. Both vehicles traveled through the cable barrier into the westbound lane.</p><p>Greenville attorney Eugene Covington Jr. represents Teague's estate.</p><p>The lawsuit, originally filed in August 2011, has been amended. The teenagers, one of the teen's parents, the S.C. Department of Transportation, Bagwell Fence Co. and Elderlee Inc. were named as defendants.</p><p>Elderlee settled for $20,000, according to a court document. Circuit Court Judge Brian Gibbons approved the settlement on Monday.</p><p>Covington told Gibbons at Monday's hearing that Elderlee made and installed the cable barrier. Covington said an expert found no defects in the cable.</p><p>Teague's estate had claimed in its lawsuit that Elderlee failed to “properly design, engineer and install cable barrier on the median to prevent vehicles…from traveling into opposite lanes of I-26,” of “improperly designing and installing the cable barrier systems on I-26,” and “improperly grading the median at the location that is the subject of this lawsuit.”</p><p>Elderlee is a Pennsylvania-based company that specializes in making and constructing “highway safety products,” according to its website.</p><p>The S.C. Department of Transportation and Bagwell Fence Co. are each accused of negligence that contributed to the fatal crash.</p><p>The parents of the teenaged girl who struck Teague's vehicle are named as defendants because they allowed their daughter to operate a vehicle when she only had a beginners' permit. The girl and her parents, in their answer to the lawsuit, denied she was racing before the crash.</p><p>The teenaged boy, in his answer, denied any wrongdoing.</p><p>In its answer, the SCDOT argued that the claim is barred by the state Tort Claims Act, and denied negligence on its part.</p><p>Bagwell, in its answer, denied any liability.</p><p>Covington said in court that the beneficiaries are Teague's surviving parents. They are seeking unspecified damages.</p><p>The plaintiff seeks a jury trial. Covington anticipates the case will be tried some time this year.</p>